Daily Archives: December 21, 2011

CA6: When it is apparent driver of a stopped car is not the person the police want, they have to let him go

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CA8: In wiretaps, Fourth Amendment particularity satisfied by identifying phone number and nature of conversations

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W.D.Wash.: SW application for all digital information in target’s possession is denied as a general warrant

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HI: Driving past sign at military base that entrants were subject to search was implied consent

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CA11: Three year delay in searching 103 computers was not unreasonable

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OH8: Innocuous movement in car was not “furtive”

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WA: Parole revo warrant is not governed by the Fourth Amendment; it is an administrative warrant

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D.Mass.: Possibility of domestic shooting justified entry

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IL: Defendant’s agreement to “intensive” supervision and searches was governed by contract law

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NJ: Getting GPS location data from cell phone provider so defendant could be located to be arrested did not violate Fourth Amendment

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NJ: There is “no broad ‘nuisance abatement’ exception” to community caretaking function

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W.D.Mich.: GPS monitoring of vehicle valid, declining to follow Maynard

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D.N.M.: Admittedly illegal arrest led to fingerprinting and prosecution for illegal entry was exploitation of the illegality

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W.D.Ky.: Cutting lock off trailer was reasonable as “cargo securement inspection”

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RI: Protective sweep of dwelling applied to alleged shot animal

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IN: Warrantless arrest in home on 21 day old information violated state constitution

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WI: Garage is curtilage, and open door is no invitation to enter

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WA: Gant after guilty plea did not require plea be withdrawn; it was a waiver

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CA7: Issue preclusion: Failed state IAC claim on search precluded § 1983 suit over the same search

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VI: Stop without RS gave everybody standing to challenge search of the vehicle

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